[G.R. No. 137944. April 6, 2000] FERNANDA MENDOZA CEQUENA and RUPERTA MENDOZA LIRIO, petitioners, vs.

HONORATA MENDOZA BOLANTE, respondent. Jlexj FACTS: The Petition herein refers to a parcel of land. Prior to 1954, the land was originally declared for taxation purposes in the name of Sinforoso Mendoza, father of [respondent] and married to Eduarda Apiado. Sinforoso died in 1930. [Petitioners] were the daughters of Margarito Mendoza. On the basis of an affidavit, the tax declaration in the name of Sinforoso Mendoza of the contested lot was cancelled and subsequently declared in the name of Margarito Mendoza. Margarito and Sinforoso are brothers. [Respondent] is the present occupant of the land. Petitioner instituted an action for recovery of the property. The TC rendered judgment ordering respondent to surrender possession to the heirs of petitioner. On appeal the CA reversed the TCs finding because the genuiness and due execution of the affidavit allegedly signed by respondents had not been sufficiently established. ISSUES: 1) WHO HAS THE PREFERENCE OF POSSESSION BETWEEN THEM? Based on Article 538 of the Civil Code, the respondent is the preferred possessor because, benefiting from her father's tax declaration of the subject lot since 1926, she has been in possession thereof for a longer period. On the other hand, petitioners' father acquired joint possession only in 1952. 2) WHO HAS THE BETTER RIGHT AMONG THEM? But Article 538 settles only the question of possession, and possession is different from ownership. Ownership in this case should be established in one of the ways provided by law. To settle the issue of ownership, we need to determine who between the claimants has proven acquisitive prescription Article 540 of the Civil Code provides: "Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion." Ownership of immovable property is acquired by ordinary prescription through possession for ten years. Being the sole heir of her father, respondent showed through his tax receipt that she had been in possession of the land for more than ten years since 1932. When her father died in 1930, she continued to reside there with her mother. When she got married, she and her husband engaged in kaingin inside the disputed lot for their livelihood. Respondent's possession was not disturbed until 1953 when the petitioners' father claimed the land. But by then, her possession, which was in the concept of owner -- public, peaceful, and uninterrupted had already ripened into ownership. Furthermore she herself, after her father's demise, declared and paid realty taxes for the disputed land. Tax receipts and declarations of ownership for taxation, when coupled with proof of actual possession of the property, can be the basis of a claim for ownership through prescription. In contrast, the petitioners, despite thirty-two years of farming the subject land, did not acquire ownership. It is settled that ownership cannot be acquired by mere occupation. Unless, coupled with the element of hostility toward the true owner occupation and use, however long, will not confer title by prescription or adverse possession Moreover, the petitioners cannot claim that their possession was public, peaceful and uninterrupted. Although their father and brother arguably acquired ownership through extraordinary prescription because of their adverse possession for thirty-two years (1953-1985) this supposed ownership cannot extend to the entire disputed lot, but must be limited to the portion that they actually farmed. 3) WON the affidavit of the petitioner is admissible as evidence of ownership of the property? NO. Before a private document offered as authentic can be received in evidence, its due execution and authenticity must be proved first. And not all authorized documents are exempted from the rule on authentication. Thus, an affidavit does not automatically become a public document just because it contains a notarial juriat. Furthermore, the affidavit in question does not state how the ownership of the subject land was transferred from Sinforoso Mendoza to Margarito Mendoza. By itself, an affidavit is not a mode of acquiring ownership. In the absence of actual public and adverse possession, the declaration of the land for tax purposes does not prove ownership. In sum, the petitioners' claim of ownership of the whole parcel has no legal basis. The Petition is DENIED and the assailed Decision and Resolution AFFIRMED.

Macasaet v. Macasaet September 30, 2004 Panganiban, J.

Facts: Children were invited by the parents to occupy the latters 2 lots. Unfortunately, an unresolved conflict terminated this situation. Out of pique, the parents asked them to vacate the premises. Thus, the children lost their right to remain on the property. They have the right, however, to be indemnified for the useful improvements that they constructed thereon in good faith and with the consent of the parents. In short, Article 448 of the Civil Code applies. Held: The portion requiring Spouses Vicente and Rosario Macasaet to reimburse one half of the value of the useful improvements, amounting to P475,000, and the right of Spouses Ismael and Rosita Macasaet to remove those improvements (if the former refuses to reimburse) is deleted. The case is remanded to the court of origin for further proceedings to determine the facts essential to the proper application of Articles 448 and 546 of the Civil Code.